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september 1991

Supreme Court of India · 1991-09-06

VINOD GURUDAS RAIKAR vs NATIONAL INSURANCE CO LTD. .

Citation / case number
SC 1991/73794
Court
Supreme Court of India
Petitioner
VINOD GURUDAS RAIKAR
Respondent
NATIONAL INSURANCE CO LTD. .
Author
L.M. SHARMA
Bench
L.M. SHARMA

Judgment text excerpt

The Supreme Court held that the claim for compensation arising from a road accident must be governed by the Motor Vehicles Act, 1988, as the claim was filed after its enactment. The Court ruled that the delay in filing the claim beyond six months could not be condoned under Section 166(3) of the new Act. It clarified that while the right to claim compensation is enforceable, the period of limitation is adjectival and must adhere to the new Act's provisions, thus dismissing the appeal.

VINOD GURUDAS RAIKAR vs NATIONAL INSURANCE CO LTD. . · Niyam